HomeMy WebLinkAboutM010901BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM K. YAMAGUCHI, 5th District
January 9, 2001
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Houx, Josiassen, Yamaguchi, and
Chair Dolan. Also present: John S. Blacklock, Chief
Administrative Officer; Bruce Alpert, County Counsel; and
Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Liana Fernandez, Spiritual Leader, Unity of
Oroville.
01-001 Board of Supervisors Organization for 2001
Comments by Chair Dolan. (176)
CHAIR DOLAN PROVIDES COMMENTS AND REFLECTIONS OF THE COUNTY'S
ACCOMPLISHMENTS OVER THE LAST YEAR.
1. Election of Board Chair
MOTION: I MOVE TO NOMINATE CURT JOSIASSEN AS BOARD CHAIR.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Election of Board Vice Chair
MOTION: I MOVE TO NOMINATE BOB BEELER AS BOARD VICE CHAIR.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Comments by Supervisors:
A. Chair
CHAIR JOSIASSEN PROVIDES COMMENTS REFLECTING OVER THE PAST YEAR
AND LOOKING TO THE UPCOMING YEAR.
B. Board Members
Page 1 January 9, 2001
January 9, 2001
Consent Agenda
01-002 1. Approval of Minutes - action requested - APPROVE MINUTES
OF DECEMBER 5, 2000, AND DECEMBER 19, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-146 (WELFARE [4 /5 vote required]); B-131
(COUNTY SERVICE AREA #90, ZONES 2 AND 3 [4/5 vote
required]); B-130 (PUBLIC WORKS); B-144 (INFORMATION
SYSTEMS); B-143 (PUBLIC WORKS [4 /5 vote required]); AND
B-137 (BEHAVIORAL HEALTH (4/5 vote required).
3. County Library Donations - in accordance with Government
Code Section 25355, donations of $2,200 from the Chico
Friends of the Library; $884.50 from the Oroville Friends
of the Library; $650 from the Paradise Friends of the
Library; $150 from Howard A. Dahlmeier of Oroville; and
$100 from Donald A. Murphy of Walnut Creek, California,
have been received for the Butte County Trust Fund for
the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. Fire Donation - the Durham Volunteer Fire Department
would like to donate a 1990 T-800 Kenworth Water Tender
(VIN No. 1XKDD29XOLS536851) with a 3,500 gallon tank and
a 500 gallon-per-minute pump, valued at $105,000, to the
County. At such time as the County wishes to declare
the equipment surplus to the needs of the County,
ownership shall revert to the Durham Volunteer Fire
Department - action requested - ACCEPT DONATION AS A
FIXED ASSET ITEM AND AUTHORIZE A LETTER OF APPRECIATION.
5. Juvenile Justice Commission/Delinquency Prevention
Commission - action requested - APPOINT PAM ABRAO TO A
VACATED TERM TO END NOVEMBER 25, 2001. (MINUTE NOTE:
AFTER THE BOARD MADE THIS APPOINTMENT IS WAS DETERMINED
THAT THE APPOINTMENT WAS UNDER THE JURISDICTION OF THE
COURTS, NOT THE BOARD OF SUPERVISORS, AS SUCH, THIS
APPOINTMENT ACTION WILL NOT BE REFLECTED IN THE BOARD'S
APPOINTMENT REGISTRY.)
6. Butte County Mosquito and Vector Control
District - action requested - REAPPOINT HOWARD TOUSSAINT
TO A TERM TO END DECEMBER 31, 2002.
7. Oroville Mosquito Abatement District - action requested -
REAPPOINT DENNIS D. DIVER AND N.F. "BUSS" ROBERTS TO
TERMS TO END DECEMBER 31, 2002.
Page 2 January 9, 2001
January 9, 2001
01-002 8. Appointment of Nominees Where a Declaration of Candidacy
Has Been Filed for the November 7, 2000, Consolidated
General Election - action requested - APPOINT/DECLARE
ELECTED VIRGIL V. RICKETTS, DIVISION 4 DIRECTOR,
OROVILLE-WYANDOTTE IRRIGATION DISTRICT; CLAUDE R. POWERS,
DIVISION 1 DIRECTOR, PARADISE IRRIGATION DISTRICT; ROBERT
HARTSHORN, DIVISION 2 DIRECTOR, AND STANLEY HUSTON,
DIVISION 4 DIRECTOR, THERMALITO IRRIGATION DISTRICT;
EDWARD E. SEAGLE, JR., AND MARK T. SWEANY, DIRECTORS,
CHICO AREA RECREATION AND PARK DISTRICT; MARC F. GROSSO
AND SANDEE WILLIAMS, DIRECTORS, PARADISE RECREATION AND
PARK DISTRICT; AND KEITH J. FRASER AND T.C. DENNIS,
DIRECTORS, LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT.
ALL APPOINTMENTS ARE TO TERMS TO END DECEMBER 3, 2004.
9. Recreational Overlay Zone - Zoning Code
Amendment/Rezone - Report to the Board - the Planning
Commission has recommended denial of a proposal to create
a new zoning classification to the Butte County Zoning
Code entitled "Recreational Overlay Zone", and a Rezone
of approximately 360 acres of land located along the east
side of the Feather River - action requested - ACCEPT FOR
INFORMATION; AND SET A PUBLIC HEARING FOR CONSIDERATION
OF THIS MATTER FOR JANUARY 23, 2001, AT 10:45 A.M.
10. Shirley Prusia (Mooretown Rancheria) - General Plan
Amendment/Rezone - Report to the Board - the Planning
Commission has recommended approval of a General Plan
Amendment from Low Density Residential to Commercial, and
a Rezone from A-R (Agricultural Residential) to C-1
(Light Commercial) for 5.48 acres (APN 036-310-162 and
163) located on the northwest corner of Lower Wyandotte
Road and Alverda Drive, Oroville - action requested -
ACCEPT FOR INFORMATION; AND SET A PUBLIC HEARING FOR
CONSIDERATION OF THIS MATTER FOR FEBRUARY 27, 2001, AT
10:45 A.M.
11. Fire Department - Conveyance of County Property - Board
approval is requested by the Fire Department to convey a
1971 International Cabover 4070A Water Tender (VIN No.
Y026214) to the Durham Volunteer Fire Department for
disposal. The water tender, donated to the County by the
Durham Volunteer Fire Company in 1989, will be replaced
with the donation of a new water tender - action
requested - AUTHORIZE PUBLICATION OF NOTICE OF INTENTION
TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE
SECTIONS 25365 AND 6061.
Page 3 January 9, 2001
January 9, 2001
01-002 12. Fire Department - Board approval is requested by the Fire
Department to accept bid 36-01, in the amount of
$95,109.30, from Dietz Equipment for the build-up of
Water Tender 37. The Golden Feather Volunteer Fire
Company has contributed $66,109.30 towards the cost of
the build-up, with the remaining $29,000 to come from the
Community Cost Share Fund - action requested - APPROVE
BUDGET TRANSFER B-142 (4/5 vote required); ACCEPT BID
36-01 FROM DIETZ EQUIPMENT; AND APPROVE PURCHASE OF A
FIXED ASSET ITEM.
13. Rejection of Bids - Southside Oroville Community Center -
Board approval is requested by the General Services
Director, at the recommendation of the Southside Oroville
Community Center Task Force, to reject all bids received
for the Southside Oroville Community Center. All bids
received were higher than the budgeted amount available
for construction activities - action requested - REJECT
BIDS.
14. District Attorney - Board approval is requested by the
District Attorney for the sole source purchase of a TRAK
(Technology to Recover Abducted Kids) computer system in
the amount of $5,515 (department budget). The system
provides for the rapid creation and distribution of
flyers to assist law enforcement in locating missing or
abducted children. The sole source purchase is requested
because SocialTech is the only known provider of the
software. A budget transfer of department funds is also
requested to provide funding for the purchase - action
requested - APPROVE BUDGET TRANSFER B-141; AND APPROVE
SOLE SOURCE PURCHASE OF TRAK COMPUTER SYSTEM.
15. Local Agency Improvement Fees - the Auditor-Controller
submits the Combined Report of Impact Fees or Local
Agency Improvement Fees for Fiscal Year 1999-2000.
Pursuant to Government Code Section 66006, this item was
introduced on the agenda of December 19, 2000, as public
notice that the information was available for inspection.
No objections or requests for correction were received
regarding the report. Review of the report is considered
complete with this action - action requested - ACCEPT
REPORT .
Page 4 January 9, 2001
January 9, 2001
01-002 16. Families United Program - Board approval is requested by
the Department of Social Welfare for a budget transfer in
the amount of $50, 000 from the Welfare Incentive Trust
Fund to provide funding for the Families United Program.
The program is designed to provide non-assistance
services such as utilities, telephone services,
childcare, and transportation to families to allow
children to remain in their own homes, or in the homes of
relatives. The program will not utilize County General
Funds - action requested - APPROVE BUDGET TRANSFER B-145
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS
FROM THE WELFARE INCENTIVE TRUST FUND.
17. Monthly Investment Report - the Treasurer-Tax Collector
submits the November 30, 2000, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 2000 - action requested - ACCEPT FOR INFORMATION.
18. Adoption of a Salary Ordinance Amendment - the Personnel
Department submits a salary ordinance amendment, pursuant
to a side letter of agreement with the Butte County
Management Employees Association, which increases the
salary range for the position of Director of Health
Education from $24.58-$29.88 to $25.23-$30.67,
retroactive to October 2, 1999 - action requested - ADOPT
ORDINANCE 3668 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
12-19-00 [3.21])
19. Adoption of a Salary Ordinance Amendment - the District
Attorney-Family Support Division has requested the
Personnel Department prepare a salary ordinance amendment
which corrects the position allocations incorrectly
listed in the fiscal year 2000-2001 budget. The
amendment deletes two positions of Legal Typist Clerk;
and adds two positions of Accounting Specialist/Senior
Account Clerk, and one position of Supervising Family
Support Case Manager. There are no budgetary impacts
associated with these corrections - action requested -
ADOPT ORDINANCE 3669 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 12-19-00 [3.22 ])
Page 5 January 9, 2001
January 9, 2001
01-002 20. Adoption of a Salary Ordinance Amendment - the District
Attorney-Family Support Division has requested the
Personnel Department prepare a salary ordinance amendment
which flexibly staffs several positions in the division.
The ordinance deletes two positions of Auditor-
Accountant II, two positions of Auditor-Accountant I,
five positions of Family Support Case Manager, and one
position of Information Systems Technician II; and adds
four positions of Auditor-Accountant II/I, five positions
of Family Support Case Manager III/II/I, and one position
of Information Systems Technician II/I. Flexibly
staffing the positions will provide the department with
greater staffing choices - action requested - ADOPT
ORDINANCE 3670 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
12-19-00 [3.23])
21. Adoption of a Salary Ordinance Amendment - the District
Attorney-Family Support Division has requested the
Personnel Department prepare a salary ordinance amendment
which deletes the following vacant position allocations
from the District Attorney-Family Support Division's
budget in response to a reduced State budget allocation
for the division: one position of Auditor-
Accountant II/I, six positions of Family Support Case
Manager I, one position of Courier Stock Clerk, one
position of Administrative Services Assistant, four
positions of Accounting Specialist, eight positions of
Office Assistant II, seven positions of Office Assistant
III, and one position of Senior Account Clerk/Account
Clerk - action requested - ADOPT ORDINANCE 3671 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.24])
22. Adoption of a Salary Ordinance Amendment - the Probation
Department has requested the Personnel Department prepare
a salary ordinance amendment which adds one regular help
position of Administrative Analyst III/II/I (position to
end 6-30-01) The position is being added to fill a
vacancy created by a long-term disability absence.
Funding for the position is available in the department's
budget - action requested - ADOPT ORDINANCE 3672 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.25])
Page 6 January 9, 2001
January 9, 2001
01-002 23. Adoption of a Salary Ordinance Amendment - the Department
of Social Welfare has requested the Personnel Department
prepare a salary ordinance amendment which adds the
following positions in support of the Children's Services
program: one position of Social Worker Supervisor II,
four positions of Social Services Aide, one position of
Office Assistant III/II/I, and one position of Senior
Account Clerk/Account Clerk. Funding for the positions
is available utilizing unappropriated funds from the
final State allocation for Child Welfare Services,
Emergency Workload Relief - action requested - ADOPT
ORDINANCE 3673 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
12-19-00 [3.26 ])
24. Adoption of a Salary Ordinance Amendment - the Local
Agency Formation Commission (LAFCo) has requested the
Personnel Department prepare a salary ordinance amendment
which corrects the effective date of the establishment of
LAFCo as an independent budget unit, retroactive to
July 1, 2000. The ordinance also establishes the
position and salary of the LAFCo/Administrative Support
Services Assistant position, retroactive to July 1, 2000,
to accurately reflect LAFCo's adoption of these items -
action requested - ADOPT ORDINANCE 3674 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 12-19-00 [3.27])
25. Adoption of a Salary Ordinance Amendment - the District
Attorney-Family Support Division has requested the
Personnel Department prepare a salary ordinance
amendment which creates the classification of Senior
District Attorney Investigator ($19.13 - $23.25); deletes
one position of Assistant Family Support Administrator;
and adds one position of Senior District Attorney
Investigator. The department is requesting the change to
align staffing resources with business needs - action
requested - ADOPT ORDINANCE 3675 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 12-19-00 [3.28])
26. Adoption of a Salary Ordinance Amendment - the District
Attorney-Criminal Division has requested the Personnel
Department prepare a salary ordinance amendment which
allocates two positions of Senior District Attorney
Investigator to the Criminal Division-Investigations Unit
to provide a supervision structure within the unit. Once
the new positions are filled, the department will
delete two positions of District Attorney
Investigator II/I - action requested - ADOPT ORDINANCE
3676 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00
[3.29] )
Page 7 January 9, 2001
January 9, 2001
01-002
27. Adoption of a Salary Ordinance Amendment - the Public
Works Department has requested the Personnel Department
prepare a salary ordinance amendment which reclassifies
one half-time position of Secretary I/Office Assistant
II/I to one half-time position of Secretary I/Office
Assistant III/II/I, to provide the department with
greater staffing choices; and reclassifies one position
of Supervising Storekeeper to one position of Staff
Services Systems Specialist to incorporate the additional
duties performed by that position - action requested -
ADOPT ORDINANCE 3677 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 12-19-00 [3.30])
28. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which will correct
the effective date of the salary ordinance amendment for
the Director of Environmental Health. The proposed
correction provides for an effective date retroactive to
October 26, 2000 - action requested - WAIVE READING OF
THE ORDINANCE.
29. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which adds one
position of Public Health Nurse III/II/I. The position
will provide medical case management services to adult
and child clients in support of the Memorandum of
Understanding with the Department of Social Welfare for
services in support of the Alternative Response Team.
Funding for the position is provided by the Department of
Social Welfare - action requested - WAIVE READING OF THE
ORDINANCE.
30. Resolution in Appreciation of Judge Ann H. Rutherford
Upon Retirement as Judge of the Superior Court
Department 3 - action requested - ADOPT RESOLUTION 01-001
AND AUTHORIZE THE CHAIR TO SIGN.
31. Installation of Storm Drainage Facilities Along a
Tributary of Wyman Ravine, County Project No. CDBG-97-2 -
Contract Change Order (CCO) No. 1 - CCO NO. 1, in the
increased amount of $15,000, provides for the extension
of the project 300 feet downstream, and 800 feet
upstream, to make the system function more efficiently,
and for the acceleration of the restoration of the
existing drainage channel to historical flowlines -
action requested - APPROVE CONTRACT CHANGE ORDER NO. 1
AND AUTHORIZE THE CHAIR TO SIGN.
Page 8
January 9, 2001
January 9, 2001
01-002 32. Installation of Storm Drainage Facilities Along East
Tenth Street (Chico), County Project No. CDBG-97-1 -
Contract Change Order (CCO) No. 2 - CCO No. 2, in the
increased amount of $2,706.46, provides for the
modification to the planned 60 inch corrugated steel pipe
needed to complete placement of the pipe - action
requested - APPROVE CONTRACT CHANGE ORDER NO. 2 AND
AUTHORIZE THE CHAIR TO SIGN.
33. Installation of Storm Drainage Facilities Along Oroville
Chico Highway, County Project No. 48253-95-1 - Contract
Change Order (CCO) No. 3 - CCO No. 3 allows for payment
to the contractor for materials purchased to complete the
project. This CCO does not change the amount of the
contract - action requested - APPROVE CCO NO. 3 AND
AUTHORIZE THE CHAIR TO SIGN.
34. Installation of Bus Shelters County Wide - Contract
Change Order (CCO ) No . 1 - CCO No . 1, in the increased
amount of $5,923.53, provides for the additional work
required to assemble shelters which was not included in
the original bid. Board approval is also requested for
a budget transfer in the amount of $11,705 to provide
final funding for the project. The project is being
funded with Proposition 116 funds - action requested -
APPROVE BUDGET TRANSFER B-132; AND APPROVE CCO NO. 1 AND
AUTHORIZE THE CHAIR TO SIGN.
35. Installation of Bus Shelters County Wide - Notice of
Completion - the project consisted of the placement of
concrete pads to support prefabricated bus shelters, and
the placement and securing of the shelters to the pads.
All contract work has been completed in accordance with
plans and specifications - action requested - ACCEPT
CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF
COMPLETION.
36. Installation of Storm Drainage Facilities Along East
Tenth Street (Chico), County Project No. CDBG-97-1 -
Notice of Completion - the project consisted of the
placement of a corrugated steel pipe, construction of a
reinforced concrete storm drain junction box, and the
placement of an automatic drainage gate. All work has
been completed in accordance with plans and
specifications - action requested - ACCEPT CONTRACT WORK;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND
AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION.
Page 9 January 9, 2001
January 9, 2001
01-002 37. Installation of Storm Drainage Facilities Along a
Tributary of Wyman Ravine, County Project No. CDBG-97-2 -
Notice of Completion - the project consisted of the
construction of an 18-foot wide by 42-foot long timber
deck bridge, the placement of rock slope protection, and
the restoration of the existing channel to its historical
flowline elevation and bank limits. All work has been
completed in accordance with plans and specifications -
action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE
CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE
RECORDING OF THE NOTICE OF COMPLETION.
38. Reconstruction of Neal Road, County Project No. 46312-
92-2 - Notice of Completion - the project consisted of
the reconstruction of a portion of an existing two lane
roadway by the placement of aggregate base and capping
with asphalt concrete. Drainage facilities, metal beam
guardrails, and wire mesh fencing were also installed.
All work has been completed in accordance with plans and
specifications - action requested - ACCEPT CONTRACT WORK;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND
AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION.
39. Neal Road Acquisition - on February 22, 2000, the Board
approved a right-of-way exchange agreement in support of
the Neal Road Phase II construction project. The Public
Works Department is requesting Board approval to accept
a grant deed for properties identified as Parcel Numbers
10, 12, and 14 in that agreement - action requested -
ACCEPT GRANT DEED AND AUTHORIZE THE CHAIR TO SIGN THE
CERTIFICATE OF ACCEPTANCE.
40. Completed Public Works Projects 2000 - Report to the
Board - the Public Works Department submits a report of
completed projects for 2000, including locations and
project costs - action requested - ACCEPT FOR
INFORMATION.
Page 10 January 9, 2001
January 9, 2001
01-002 41. Northern Valley Catholic Social Service - Board
approval is requested by the Butte County Department of
Behavioral Health BCDBH for an agreement with Northern
Valley Catholic Social Service for the provision of
mental health services for children and youth Medi-Cal
clients of BCDBH. The term of the agreement is
July 1, 2000, through June 30, 2001, with a maximum
amount payable of $694,890. The BCDBH budget included
$468,364 for this agreement, and Board approval is
requested for a budget transfer from the Realignment
Trust Fund in the amount of $226,526 to provide
additional funding for the agreement. The increase in
the contract amount will provide an average of 18 hours
of mental health services, per client and/or family, for
192 additional children in the Oroville area, and 48
additional children in the Gridley area - action
requested - APPROVE BUDGET TRANSFER B-133 (4/5 vote
required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
42. California Mental Health Directors Association -
Amendment - Board approval is requested by the Butte
County Department of Behavioral Health for an amendment
to the agreement with the California Mental Health
Directors Association. The agreement provides for
accessibility to medically necessary specialty mental
health services for full scope Medi-Cal beneficiaries
under the age of 18 who are placed outside Butte County.
The amendment extends the term of the agreement through
fiscal year 2000-2001, and increases the maximum amount
payable to $65,000 (department budget [$40,000 for fiscal
year 1999-2000 and $25,000 for fiscal year 2000-2001]) -
action requested - ADOPT RESOLUTION 01-002 APPROVING
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11598)
43. Larry Wilcox, Ph.D. - Board approval is requested by the
Butte County Department of Behavioral Health (BCDBH) for
an agreement with Larry Wilcox, Ph.D., for the provision
of psychiatric services and neuropsychological
evaluations for BCDBH youth clients. The term of the
agreement is December 1, 2000, through June 30, 2001,
with a maximum amount payable of $35,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11863)
Page 11 January 9, 2001
January 9, 2001
01-002 44. Butte County Department of Social Welfare - Memorandum of
Understanding - Board approval is requested by the Butte
County Department of Behavioral Health (BCDBH) for a
Memorandum of Understanding with the Butte County
Department of Social Welfare for the investigation and
administration of conservatorships for BCDBH clients.
The term of the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable of $140,000
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11866)
45. Youth for Change - Board approval is requested by the
Butte County Department of Behavioral Health for an
agreement with Youth for Change for the provision of
school based specialty mental health services to youth
clients and/or their families in the Paradise area. The
term of the agreement is January 1, 2001, through
June 30, 2001, with a maximum amount payable of $138,513
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
46. Youth for Change - Therapeutic Behavioral Services -
Amendment - Board approval is requested by the Butte
County Department of Behavioral Health (BCDBH) for an
amendment to the agreement with Youth for Change for the
provision of Therapeutic Behavioral Services to children
and youth Medi-Cal clients of BCDBH. The amendment
increases the maximum amount payable by $186,000 to
provide for increased services, and Board approval is
requested for a budget transfer from the Realignment
Trust Fund to provide funding for the agreement. The
term of the agreement remains January 1, 2000, through
June 30, 2001 - action requested - APPROVE BUDGET
TRANSFER B-135 (4/5 vote required); AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 12 January 9, 2001
January 9, 2001
01-002 47. North Valley Parent Education Network - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with the North Valley
Parent Education Network for the provision of mental
health services for children and youth Medi-Cal clients
of BCDBH. The term of the agreement is July 1, 2000,
through June 30, 2001, with a maximum amount payable of
$326,834. The BCDBH budget included $238,000 for this
agreement, and Board approval is requested for a budget
transfer from the Realignment Trust Fund in the amount of
$88,834 to provide additional funding for the agreement.
The increase in the contract amount will provide an
average of 18 hours of school based mental health
services, per client and/or family, for 88 additional
children in the rural mountain communities in south Butte
County - action requested - APPROVE BUDGET TRANSFER B-134
(4/5 vote required); AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
48. Sacramento Valley Family Services - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with
Sacramento Valley Family Services for Therapeutic
Behavioral Services for children and youth Medi-Cal
clients. The amendment increases the maximum amount
payable by $190,164 to provide for increased services,
and Board approval is requested on a budget transfer from
the Realignment Trust Fund to provide funding for the
amendment. The term of the agreement remains
July 1, 2000, through June 30, 2001 - action requested -
APPROVE BUDGET TRANSFER B-136 (4/5 vote required); AND
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
49. Housing Authority of Butte County - Board approval is
requested by the Butte County Department of Behavioral
Health for an agreement with the Housing Authority of
Butte County for the provision of housing assistance
payments and/or deposits for participants in the
Behavioral Health Homeless Mentally Ill Program (Adult
System of Care). The term of the agreement is
December 1, 2000, through June 30, 2001, with a maximum
amount payable of $40,000. Funding for the program has
been made available through a grant from the California
Department of Mental Health - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 13 January 9, 2001
January 9, 2001
01-002 50. Oroville Masonic Lodge Association - Board approval is
requested by the District Attorney-Family Support
Division for a license agreement with the Oroville
Masonic Lodge Association which will allow the placement
of a fiber optic cable on the roof of a building owned
by the Oroville Masonic Lodge Association. The cable is
required as part of the construction of the new training
facility for the automated Child Support Enforcement
System located at 1474 and 1462 Myers Street. The term of
the agreement is November 1, 2000, through
January 1, 2006 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
51. State of California, Department of Health Services -
Board approval is requested by the Public Health
Department for a revenue agreement with the State of
California, Department of Health Services for funds in
the amount of $44,700 (1000 State) to support
immunization services for infants, preschool and school
age children. The term of the agreement is
January 1, 2001, through December 31, 2001 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
52. Advance Life Support Providers - Report to the
Board - pursuant to the provisions of the local Emergency
Medical Services Ordinance, the County Health Officer
submits a report on the performance of the Advance Life
Support Providers within Butte County - action
requested - ACCEPT FOR INFORMATION. (895)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.10 AMENDED TO
CHANGE THE REQUESTED PUBLIC HEARING DATE AND TIME FROM
FEBRUARY 13, 2001, AT 10:30 A.M. TO FEBRUARY 27, 2001, AT
10:45 A.M.; AND SUPERVISOR JOSIASSEN'S NOTATION THAT HE IS
ABSTAINING FROM THE APPROVAL OF THE MINUTES OF
DECEMBER 5, 2000, AS HE WAS NOT PRESENT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 14 January 9, 2001
January 9, 2001
Recrular Acrenda
01-003 Appointments - Commissions and Committees. (955)
1. Appointments to committee vacancies.
MOTION: I MOVE TO APPOINT LOU CECCHI, AGRICULTURAL ADVISORY COMMISSION;
LOU CARLIN, COUNTY COMMISSION ON AGING; WALLY SEIDENGLAZ,
ECONOMIC DEVELOPMENT CORPORATION OF BUTTE COUNTY/INDUSTRIAL
DEVELOPMENT AUTHORITY; CONNIE MENAS, BUTTE COUNTY FAIR BOARD
AND GRIDLEY SWIMMING POOL DISTRICT BOARD; BOB POST, BUTTE
COUNTY FISH AND GAME COMMISSION; BILL CHAPMAN, BUTTE COUNTY
HOUSING AUTHORITY BOARD; MICHAEL MOONEY, BUTTE COUNTY PLANNING
COMMISSION; ROGER GREEN, SURFACE MINING OPERATIONS COMMITTEE;
AND MICHAEL PIERCE, BUTTE COUNTY WATER COMMISSION; DISTRICT 1
REPRESENTATIVES, ALL TO TERMS AS INDICATED IN THE APPOINTMENT'S
REGISTRY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT DOUG FLESHER, BUTTE COUNTY FAIR BOARD AND
GRIDLEY SWIMMING POOL DISTRICT BOARD; FRANK CAUNT, BUTTE COUNTY
WATER COMMISSION; RICHARD DUNKEL, BUTTE COUNTY FISH AND GAME
COMMISSION; DON STEELE, BUTTE COUNTY HOUSING AUTHORITY, KEN
HIGGINBOTHAM, ECONOMIC DEVELOPMENT CORPORATION OF BUTTE
COUNTY/INDUSTRIAL DEVELOPMENT AUTHORITY; JUDY SISSON, PRIVATE
INDUSTRY COUNCIL; AND FERNANDO MARIN, BUTTE COUNTY PLANNING
COMMISSION, DISTRICT 5 REPRESENTATIVES, ALL TO TERMS AS
INDICATED IN THE APPOINTMENTS REGISTRY.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Community Transit Advisory Committee - action requested -
APPOINT COUNTY REPRESENTATIVE TO A TERM TO END
JANUARY 1, 2005.
MOTION: I MOVE TO APPOINT RICK (RICHARD) TIMMONS, AS THE COUNTY'S
APPOINTEE TO THE COMMUNITY TRANSIT ADVISORY COMMITTEE, TO A
TERM TO END JANUARY 1, 2005.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 15 January 9, 2001
January 9, 2001
01-003 3. Solid Waste Permit Enforcement and Appeal
Independent Hearing Panel - action requested - APPOINT
BOARD MEMBER AND BOARD MEMBER ALTERNATE; APPOINT DONALD
ULEN, PUBLIC MEMBER; AND CHRIS IRWIN, PUBLIC MEMBER
ALTERNATE; AND REAPPOINT JOE MATZ, SOLID WASTE EXPERT;
AND TIM vELIKONIA, SOLID WASTE EXPERT ALTERNATE; ALL TO
TERMS TO END JANUARY 6, 2003.
MOTION: I MOVE TO APPOINT SUPERVISOR YAMAGUCHI, BOARD MEMBER APPOINTEE,
AND SUPERVISOR DOLAN ALTERNATE BOARD MEMBER, TO TERMS TO END
JANUARY 6, 2003.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT DONALD ULEN, PUBLIC MEMBER; AND CHRIS IRWIN,
PUBLIC MEMBER ALTERNATE; AND REAPPOINT JOE MATZ, SOLID WASTE
EXPERT; AND TIM vELIKONIA, SOLID WASTE EXPERT ALTERNATE; ALL TO
TERMS TO END JANUARY 6, 2003.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
4. Appointment of Nominees Where a Declaration of Candidacy
Form Has Not Been Filed for the November 7, 2000,
Consolidated General Election - action requested -
APPOINT LYLE S. BENNETT, DIVISION 2 DIRECTOR, AND NICK
GORE, DIVISION 3 DIRECTOR, DURHAM IRRIGATION DISTRICT
(TERMS TO END DECEMBER 3, 2004); AND APPOINT TWO
DIRECTORS, RICHVALE RECREATION AND PARK DISTRICT (TERMS
TO END DECEMBER 3, 2004).
MOTION: I MOVE TO APPOINT LYLE S. BENNETT, DIVISION 2 DIRECTOR, AND
NICK GORE, DIVISION 3 DIRECTOR, DURHAM IRRIGATION DISTRICT, TO
TERMS TO END DECEMBER 3, 2004.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-004 Update on legislative and budget activities. (1550) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
HE WILL BE BRINGING FORWARD AN AGENDA ITEM IN FEBRUARY THAT
WILL ADDRESS THE BOARD' S GOALS, HOW THE COUNTY WILL ACHIEVE
RESULTS AND HOW THOSE RESULTS WILL BE REPORTED, THE COUNTY'S
CUSTOMER SERVICE PROGRAM, AND PERFORMANCE MEASUREMENTS. THERE
WAS ALSO A BRIEF DISCUSSION ON THE GOVERNOR'S STATE OF THE
STATE ADDRESS.
Page 16 January 9, 2001
January 9, 2001
01-005 Lake Oroville Joint Powers Authority - Report to the Board -
the Department of Water Resources has entered into an agreement
with the Lake Oroville Joint Powers Authority (JPA) for
reimbursement of costs for the assistance of the JPA in the
Department of Water Resources' Federal Energy Regulatory
Commission's relicensing process - action requested - ACCEPT
FOR INFORMATION. (1566)
SUPERVISOR BEELER AND MICHAEL PIERCE, BUTTE COUNTY WATER
COMMISSION, PROVIDED A REPORT TO THE BOARD.
01-006 Butte County/Del Oro Water Company/Paradise Irrigation
District - Memorandum of Understanding - Board approval is
requested by the Department of Water and Resource Conservation
for a Memorandum of Understanding (MOU) with the Del Oro Water
Company and Paradise Irrigation District which specifies a
coordinated planning procedure, opportunities for public input,
and steps each agency intends to take to evaluate solutions for
the Lime Saddle and Paradise Ridge water supply reliability
problem. The Butte County Water Commission has recommended the
Board approve the MOU - action requested - APPROVE THE MOU AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL. (2288)
MOTION: I MOVE TO APPROVE THE MOU AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:21 A.M.
RECONVENE: 10:37 A.M.
Page 17 January 9, 2001
January 9, 2001
Public Hearings and Timed Items
01-007 Public Hearing - County of Butte - Aguas Frias Road Bridge -
Draft Initial Study/Mitigated Negative Declaration -
consideration of the conceptual plans and environmental
determination for construction of a new bridge on Aguas Frias
Road at Butte Creek. The proposed project site is located on
Aguas Frias Road, approximately 16 miles south of the City of
Chico. The following coordinates define the project location
on the USGS topographic map: T19N, R1E, Section 3, NW ~, Nelson
7.5'. The project involves acquisition of additional right-of-
way along the east and west sides of the north and south
roadway approaches on Aguas Frias Road, and the construction
and operation of a new bridge over Butte Creek, replacing two
structures currently spanning the main and overflow channels.
The new bridge will be constructed on a tangential alignment
and immediately downstream of the existing main channel bridge.
The new bridge will be a pre-stressed concrete box girder
structure. The bridge will consist of eight spans having a
total length of approximately 1,045 feet and approximately 32
feet 8 inches in width. The bridge will be supported on cast-
in-drilled-hole piling supported columns and concrete abutment
walls on steel H-pilings. The bridge approach roadway
construction will extend approximately 600 feet to the north
and south, and involve the attachment of levee top access to
the new approach roadways. The project is intended to serve
existing vehicle traffic currently using Aguas Frias Road and
crossing Butte Creek. The proposed project will provide for a
safer roadway as well as increased hydraulic efficiency at the
site. No change in traffic is anticipated as a consequence of
the project. The construction contract for the project is
expected to be awarded in April or May 2002, with construction
beginning May or June 2002, and extending into November 2003.
A draft mitigated negative declaration has been prepared for
the proposed project. The public review period began on
December 8, 2000, and will end January 8, 2001. The Initial
Study, upon which the proposed Mitigated Negative Declaration
is based, concludes that potential environmental impacts will
be reduced to less-than-significant levels - action requested:
1. FIND THAT THERE IS NO SUBSTANTIAL EVIDENCE IN THE RECORD
THAT THE AGUAS FRIAS ROAD BRIDGE ACROSS BUTTE CREEK,
BUTTE COUNTY PROJECT NUMBER 12201-95-1, WILL HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND
Page 18 January 9, 2001
January 9, 2001
01-007 2. ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS, WITH MITIGATIONS 1-21 AS DETAILED IN THE AGENDA
REPORT DATED DECEMBER 20, 2000, SUBJECT TO THE FOLLOWING
FINDINGS: A) THAT AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AND SAID STUDY IDENTIFIED POTENTIAL SIGNIFICANT
ENVIRONMENTAL EFFECTS, AND INCLUDES MITIGATION MEASURES
THAT WOULD MITIGATE SUCH EFFECTS BELOW SIGNIFICANT
LEVELS; AND B) THAT THE BOARD OF SUPERVISORS HAS
INDEPENDENTLY REVIEWED, ANALYZED AND CONSIDERED THE
PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES
PRIOR TO MAKING ITS DECISION ON THE PROJECT, AND HEREBY
FINDS THAT THE NEGATIVE DECLARATION WITH MITIGATION
MEASURES REDUCES IMPACTS BELOW LEVELS OF SIGNIFICANCE,
AND REFLECTS THE INDEPENDENT JUDGMENT OF BUTTE COUNTY,
AND AUTHORIZE THE CHAIR TO SIGN. (2806)(**00)
PUBLIC HEARING OPENED: 10:49 A.M.
PUBLIC HEARING CLOSED: 10:49 A.M.
MOTION: I MOVE TO FIND THAT THERE IS NO SUBSTANTIAL EVIDENCE IN THE
RECORD THAT THE AGUAS FRIAS ROAD BRIDGE ACROSS BUTTE CREEK,
BUTTE COUNTY PROJECT NUMBER 12201-95-1, WILL HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT; AND FURTHER MOVE TO ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATIONS
1-21 AS DETAILED IN THE AGENDA REPORT DATED DECEMBER 20, 2000,
SUBJECT TO THE FOLLOWING FINDINGS: A) THAT AN INITIAL STUDY
WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND SAID STUDY IDENTIFIED POTENTIAL SIGNIFICANT
ENVIRONMENTAL EFFECTS, AND INCLUDES MITIGATION MEASURES THAT
WOULD MITIGATE SUCH EFFECTS BELOW SIGNIFICANT LEVELS; AND B)
THAT THE BOARD OF SUPERVISORS HAS INDEPENDENTLY REVIEWED,
ANALYZED AND CONSIDERED THE PROPOSED NEGATIVE DECLARATION WITH
MITIGATION MEASURES PRIOR TO MAKING ITS DECISION ON THE
PROJECT, AND HEREBY FINDS THAT THE NEGATIVE DECLARATION WITH
MITIGATION MEASURES REDUCES IMPACTS BELOW LEVELS OF
SIGNIFICANCE, AND REFLECTS THE INDEPENDENT JUDGMENT OF BUTTE
COUNTY, AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:50 A.M.
RECONVENE: 11:02 A.M.
Page 19 January 9, 2001
January 9, 2001
Public Hearing and Timed Items
01-008 Continued Timed Item - Consideration of an Appeal - the Butte
County Professional Peace Officers' Association filed a
recognition petition and request for modification to the
existing General and Management Units, and for the formation of
a new bargaining unit(s) for Probation Officers. The Employee
Relations Officer has denied that petition, and the Butte
County Professional Peace Officers' Association has filed an
appeal of that determination pursuant to Personnel Rule 10.9 -
action requested - RECONVENE HEARING AND MAKE DETERMINATION.
(FROM 12-5-00 [5.02]) (**212)
HEARING RECONVENED AT 11:02 A.M. AND CONTINUED OPEN TO A TIME
UNCERTAIN (A MINIMUM OF 60 DAYS) TO PROVIDE THE PERSONNEL
DEPARTMENT AND THE APPELLANT TIME TO CONTINUE NEGOTIATIONS ON
THIS MATTER.
01-009 CLOSED SESSION: THE BOARD RECESSED AT 11:05 A.M. TO A CLOSED
SESSION CONFERENCE REGARDING A PUBLIC EMPLOYEE
PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT
CODE SECTION 54957: DIRECTOR OF PUBLIC WORKS.
RECONVENE: THE BOARD RECONVENED AT 11:22 A.M. FROM A
CLOSED SESSION CONFERENCE REGARDING A PUBLIC
EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR OF
PUBLIC WORKS. (NO ANNOUNCEMENTS) (**291)
Public Hearing and Timed Items
01-010 Continued Public Hearing - Public Hearing - Appeal - Tentative
Parcel Map - Becky Yount (Jim Miller) - consideration of an
appeal of the conditions of approval of a Tentative Parcel Map
to divide a 16.75 acre parcel into three parcels: one parcel of
1.2 acres, one parcel of 7.35 acres, and one parcel of 8.2
acres. Access to parcels 1 and 2 will be from Speedway Avenue,
and access to parcel 3 will be from Entler Avenue. Sewage
disposal for the future dwellings on the site will be handled
by on-site septic systems, and domestic water will be obtained
from individual on-site wells. The project also includes a Lot
Line Adjustment between the site and APN 040-030-054. The
common property line will be moved to the south and the east.
APN 040-030-054 will increase in size from .94 acres to
approximately 1.3 acres (SB TPM-00-04) - action requested -
STAFF RECOMMENDS THAT THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 5, 2000, DENY APPEAL 01-05;
Page 20 January 9, 2001
January 9, 2001
01-010 2. SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 5, 2000, APPROVE AN EXCEPTION TO
THE REQUIREMENTS OF BUTTE COUNTY CODE SECTION 20-133 TO
ALLOW MORE THAN TWENTY PARCELS TO BE SERVED BY A CUL-DE-
SAC STREET IN AN URBAN AREA;
3. FIND THAT THE LOT LINE ADJUSTMENT FOR BECKY YOUNT IS
EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), UNDER
SECTION 15305 (CLASS 5 OF CEQA, WHICH STATES THAT MINOR
ALTERATIONS IN LAND USE LIMITATIONS CAN BE APPROVED IN
AREAS WITH AN AVERAGE SLOPE OF LESS THAN 200, AND THAT DO
NOT RESULT IN ANY CHANGES IN LAND USE, INCLUDING, BUT NOT
LIMITED TO, LOT LINE ADJUSTMENTS NOT RESULTING IN THE
CREATION OF ANY NEW PARCEL (SECTION 153305 (a)) SECTION
15300.2(a) FURTHER ALLOWS FOR A CLASS 5 EXEMPTION UPON
CONSIDERATION WHERE THE PROJECT IS LOCATED. IT STATES
THAT A PROJECT THAT IS ORDINARILY INSIGNIFICANT IN ITS
IMPACT TO THE ENVIRONMENT MAY IN A PARTICULARLY SENSITIVE
ENVIRONMENT BE SIGNIFICANT. THERE ARE NO ENVIRONMENTALLY
SENSITIVE AREAS ON THE PROJECT SITE;
4. SUBJECT TO FINDINGS IV(A-C) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 5, 2000, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED DECEMBER 5, 2000, APPROVE THE LOT LINE ADJUSTMENT
FOR BECKY YOUNT;
5. SUBJECT TO FINDINGS V(A-D) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 5, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH
MITIGATION MEASURES 1-7 AS DETAILED IN THE STAFF REPORT
DATED DECEMBER 5, 2000, AND AUTHORIZE THE CHAIR TO SIGN;
6. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT BECAUSE THE PROPERTY HAS
UNDERGONE EXTENSIVE AGRICULTURAL OPERATIONS THAT HAVE
ELIMINATED MOST OF THE NATURAL HABITAT AND NO DEVELOPMENT
WILL BE ALLOWED WITHIN 150 FEET OF COMANCHE CREEK IN
ORDER TO PRESERVE RIPARIAN HABITAT. THEREFORE, A "DE
MINIMUS" IMPACT OF FINDING REGARDING FISH AND/OR WILDLIFE
OR THEIR HABITAT IS HEREBY MADE, AND THE COLLECTION OF
FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5, IS NOT REQUIRED; AND
7. SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 5, 2000, AND THE CONDITIONS OF
APPROVAL DETAILED IN EXHIBIT "B" OF THE STAFF REPORT
DATED DECEMBER 5, 2000, APPROVE TENTATIVE PARCEL MAP TPM
00-04 FOR BECKY YOUNT. (FROM 12-5-00 [5.04]) (**295)
Page 21 January 9, 2001
January 9, 2001
01-010 PUBLIC HEARING RECONVENED: 11:26 A.M.
PUBLIC HEARING CLOSED: 12:02 A.M.
MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THIS PROJECT WITH THE
FOLLOWING CONDITIONS OF APPROVAL AMENDED: CONDITION 13 AMENDED
TO PROVIDE FOR A TURNAROUND AS APPROVED BY THE BUTTE COUNTY
FIRE DEPARTMENT FOR EXISTING ACCESS ROAD; CONDITION 18 B, AS
DETAILED IN THE MEMO FROM STUART EDELL DATED JANUARY 8, 2001,
AMENDED TO ALLOW THE CURRENT ROAD TO BE MAINTAINED AS A PRIVATE
DRIVE, BUT FOR THE PLACEMENT OF A NOTE ON THE MAP (OR SEPARATE
SHEET) WHICH STATES THAT FUTURE DIVISION OF PARCEL 2 WILL
REQUIRE CONSTRUCTION OF THE ACCESS ROAD FROM SPEEDWAY AVENUE TO
CURRENT ROAD STANDARDS; CONDITION 15 REMOVED; CONDITION 21
REMOVED; AND CONDITION 25 AMENDED TO SHOW A 60 FOOT EASEMENT
FOR FUTURE FRONTAGE ROAD PARALLEL TO HIGHWAY 99 WHICH WILL
PRECLUDE DEVELOPMENT ALONG THAT EASEMENT, BUT NOT OFFERED FOR
DEDICATION AT THIS TIME. STAFF WILL PREPARE THE NECESSARY
CHANGES AND FINDINGS AND RETURN THIS MATTER TO THE BOARD FOR
APPROVAL.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-011 CLOSED SESSION: THE BOARD RECESSED AT 12:04 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) JONES V.
BUTTE COUNTY; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE
GRAVETTE AND BILL AVERY; EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT), AND BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL, AND SUPERVISORY UNIT). (**1565)
RECONVENE: THE BOARD RECONVENED AT 1:30 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) JONES V.
BUTTE COUNTY; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE
GRAVETTE AND BILL AVERY; EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT), AND BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL, AND SUPERVISORY UNIT). (**1647)
(NO ANNOUNCEMENTS)
Page 22 January 9, 2001
January 9, 2001
Public Hearing and Timed Items
01-012 Public Hearing - Appeal - Certificate of Merger - Richard
Ramsey - consideration of an appeal regarding the determination
on an application for a Certificate of Merger to merge APN 042-
090-047 and 048, into one parcel. The property is located on
the southwest side of Highway 32, 2,150 feet northwest of
Kennedy Avenue, Chico area - action requested - FIND THAT THE
INSTALLATION OF A PRESSURIZED FIRE PROTECTION SYSTEM IS
NECESSARY FOR PUBLIC HEALTH AND SAFETY, AND DENY THE APPEAL.
(**1649) (***00)
PUBLIC HEARING OPENED: 1:37 P.M.
PUBLIC HEARING CLOSED: 2:18 P.M.
MOTION: I MOVE TO FIND THAT THE INSTALLATION OF A PRESSURIZED FIRE
PROTECTION SYSTEM IS NECESSARY FOR PUBLIC HEALTH AND SAFETY,
AND FURTHER MOVE TO DENY THE APPEAL.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-013 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (***440) (NONE)
Communications
01-014 Communications received and referred. (A LISTING AND COPIES OF
COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE
LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD'S OFFICE.)
1. Sharol H. Strickland, Court Executive Officer, Superior
Court of California, County of Butte, submits Resolution
2000001, Resolution Relative to the Implementation of the
Trial Court Employment Protection and Governance Act
Pursuant to the Provisions of Senate Bill 2140, Chapter
1010, Statutes of 2000. (REFER TO PERSONNEL)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:20 P.M., TO RECONVENE
AT A REGULAR MEETING OF THE BOARD ON TUESDAY,
JANUARY 23, 2001, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Page 23 January 9, 2001